Grice v Workers' Compensation Regulator - [2016] QIRC 59

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:
Grice v Workers' Compensation Regulator [2016] QIRC 059

PARTIES:

Grice, Lonnie Darren

v

Workers' Compensation Regulator

CASE NO:
WC/2015/307

PROCEEDING:

Application for Extension of Time to lodge Notice of Appeal

DELIVERED ON:
20 May 2016

HEARING DATE:

7 March 2016
14 March 2016 (Applicant's Written Submission)
8 April 2016 (Respondent's Written Submission in Reply)

HEARD AT:
Brisbane

MEMBER:
Vice President Linnane

ORDERS:

1.      Application is dismissed.

2.      Applicant to pay the Respondents costs of the application.

3.      Applicant to pay the costs of the application within twenty-one days of release of this decision.

CATCHWORDS:
Application for the Commission to extend the s 550(1)(a) time limit period - Held no power in the Commission to extend the time limitation period in s 550(1)(a) of Workers' Compensation and Rehabilitation Act 2003 - If Commission does have power then no "substantial compliance" and no "special circumstances" exist - Application dismissed.

CASES:
Workers’ Compensation and Rehabilitation Act 2003 (Qld)
Blackwood v Pearce [2015] ICQ 012
van der Berg v Simon Blackwood (Workers' Compensation Regulator) [2015] QIRC 161
Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2015 (Qld)
Workers' Compensation and Rehabilitation and Other Legislation Amendment Act 2015 (Qld)
Q-COMP v Baulch (2004) 175 QGIG 978
Hetmanska v Q-COMP (2006) 183 QGIG 917
Australia Meat Holdings Pty Ltd v Q-COMP (2007) 185 QGIG 231
Kidd v Q-COMP [2010] QMC 17
Carmody v WorkCover Queensland (1999) 157 QGIG 119
Paul Taylor v Q-COMP (2008) 188 QGIG 298
Pearce v Q-COMP (C/2010/64) - Decision <

APPEARANCES:
Mr L. Grice representing himself.
Mr S. Gray, Counsel, directly instructed by the Respondent.

Decision
[1]This decision relates to an application by Lonnie Darren Grice (Applicant) seeking to have the Commission extend the time within which to file an Appeal Notice outside the legislative timeframe provided for in s 550(1) of the Workers' Compensation and Rehabilitation Act 2003 (Act). The Appeal Notice lodged by the Applicant was filed on 17 December 2015 and is WC/2015/307.
Preliminary Issue
[2]Unfortunately the Decision attached to the Appeal Notice in WC/2015/307 was a decision dated 20 February 2015 of the Workers' Compensation Regulator (Regulator) in respect of a left shoulder injury. That Decision indicated that the Regulator had set aside the decision of XtraCare (self-insurer) to reject the Applicant's claim and further, it notified the Applicant that it had substituted a decision that the Applicant's left shoulder injury was one for acceptance.
[3]Prior to the hearing of this application it was thus difficult to understand the Applicant's Appeal Notice and the current application as he had been successful in his application for a review of the self-insurer's decision. The issue was rectified upon reading the Regulator's written submissions just prior to the commencement of the hearing. Apparently the Applicant had attached the wrong decision of the Regulator when filing his Appeal Notice in WC/2015/307.
[4]Apparently two Reasons for Decision were issued by the Regulator on 20 February 2015 and the Applicant had attached the wrong decision to his Appeal…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Grice v Workers' Compensation Regulator

Details

AGLC: Grice v Workers' Compensation Regulator [2016] QIRC 59
Case: [2016] QIRC 59
Decision Date: 20 May 2016

CaseChat Overview and Summary

Grice, the applicant, applied to the Commission to extend the time limit period for filing a claim under s 550(1)(a) of the Workers' Compensation and Rehabilitation Act 2003. The respondent, the Workers' Compensation Regulator, opposed the application on the basis that the applicant had not met the requirements for an extension of time. The case was heard by the Commission which ultimately dismissed the application.

The primary issue before the court was whether the Commission had the power to extend the time limitation period under s 550(1)(a) of the Act. The applicant argued that the Commission had the power to extend the time limit period if there was substantial compliance with the requirements of the Act and if special circumstances existed. The respondent contended that the Commission did not have the power to extend the time limit period and that there was no substantial compliance or special circumstances.

The court held that the Commission did not have the power to extend the time limitation period under s 550(1)(a) of the Act. The court found that the language of the statute was clear and unambiguous and did not provide for an extension of the time limit period. The court further found that even if the Commission did have the power to extend the time limit period, there was no substantial compliance or special circumstances that would warrant an extension. The applicant had not provided sufficient evidence to support their claim for an extension of time.

The court dismissed the application and ordered that the applicant pay the respondent's costs of the application. The applicant was also ordered to pay the costs within twenty-one days of the release of this decision.

Orders

Orders of the court

1. Application is dismissed.

2. Applicant to pay the Respondents costs of the application.

3. Applicant to pay the costs of the application within twenty-one days of release of this decision.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Grice v Workers' Compensation Regulator [2016] QIRC 059
PARTIES:	Grice, Lonnie Darren v Workers' Compensation Regulator
CASE NO:	WC/2015/307
PROCEEDING:	Application for Extension of Time to lodge Notice of Appeal
DELIVERED ON:	20 May 2016
HEARING DATE:	7 March 2016 14 March 2016 (Applicant's Written Submission) 8 April 2016 (Respondent's Written Submission in Reply)
HEARD AT:	Brisbane
MEMBER:	Vice President Linnane
ORDERS:	1. Application is dismissed. 2. Applicant to pay the Respondents costs of the application. 3. Applicant to pay the costs of the application within twenty-one days of release of this decision.
CATCHWORDS:	Application for the Commission to extend the s 550(1)(a) time limit period - Held no power in the Commission to extend the time limitation period in s 550(1)(a) of Workers' Compensation and Rehabilitation Act 2003 - If Commission does have power then no "substantial compliance" and no "special circumstances" exist - Application dismissed.
CASES:	Workers’ Compensation and Rehabilitation Act 2003 (Qld) Blackwood v Pearce [2015] ICQ 012 van der Berg v Simon Blackwood (Workers' Compensation Regulator) [2015] QIRC 161 Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2015 (Qld) Workers' Compensation and Rehabilitation and Other Legislation Amendment Act 2015 (Qld) Q-COMP v Baulch (2004) 175 QGIG 978 Hetmanska v Q-COMP (2006) 183 QGIG 917 Australia Meat Holdings Pty Ltd v Q-COMP (2007) 185 QGIG 231 Kidd v Q-COMP [2010] QMC 17 Carmody v WorkCover Queensland (1999) 157 QGIG 119 Paul Taylor v Q-COMP (2008) 188 QGIG 298 Pearce v Q-COMP (C/2010/64) - Decision <
APPEARANCES:	Mr L. Grice representing himself. Mr S. Gray, Counsel, directly instructed by the Respondent.